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to take shall be taken from him, and be escheat; and by the
governor of the host or company shall be disposed among the
fellowship as to him shall be speedful; and he shall be
noted as a traitor for his deed, and punished for open
treason.
III.
Item. IT is ordained, that what time is seen speedful
that the host light down and array themselves, that each man
light down at commandment, and no man bide on horse but as
many as are ordained by the chieftan: And if he happens to
win any prisoner or goods that bides on horse without
commandment, two parts shall be the King's, and the third
part the cheiftan's of the host.
IV.
Item. THAT no man make obstacle or letting to them
that are ordained to array the host; and that each man shall
answer and obey under the same pain.
V.
Item. IT is statute and ordained, that if there
happen any chase, either fleeing or following, whatever he
be that takes his fellow's horse, if he wins any goods on
him, either prisoner or other goods, he that owed the horse
shall have half of it, and he shall bring the horse again to
the stake; and failing thereof, he shall be noted as a
traitor, and punished. And if it happens him to fly on that
horse, as soon as he comes home, he shall pass to the market
of the shire, and proclaim him, and immediately deliver him
to the Sheriff, or Steward of the land: And if he does not
this, he shall be punished as a traytor.
VI.
Item. WHEN it shall happen us to win any field,
whoever he be that arrests any prisoner, and then follows
off the field, and he will swear, when he comes home, that
he did it for safety of his prisoner's life, that condition
shall be of no avail: And whoever he be that slays his
fellow's prisoner after he be arrested, shall pay his ransom
to his taker, if he be of power; and if he be not of power,
he shall die therefor.
Also, it is found statute and use of March, that it is
lawful to any man to take as many prisoners as he may, both
on foot and horse: so that he lead them with the strength of
Scotchmen; and to take a token with his prisoner. And so
many as he takes in such like manner, to be his prisoners;
and the determination thereof to be decided by the Warden or
his deputy, if there any complaints.
VII.
Item. IT is found statute and ordained, that any man
bringing complaint of reif of his prisoner or his goods,
shall find a borgh * in the hand of the
Warden-serjeant upon the party that he is plaintiff of;
which party shall be arrested to bring the prisoner of the
goods to the next Warden-court: and the prisoner there to be
challenged by his party, and both their witnesses shall be
heard and examined: And it shall be at the will and
discretion of the Judge and his sworn councel, when both the
parties are heard to his decree, who has reason to the
prisoner or the goods; and the party found in the wrong
shall pay Ten Pound to the Judges.
And if it happen any man to complain in the field to the
chieftan, that his prisoner is rest from him; as soon as he
may be gotten he shall be delivered to the Warden or
Lieutenant, to be put in even hands, that neither of the
parties induce him to their will; that it may be determined
and judged who has the most reason to him.
VIII.
Item. IF it happens a prisoner to be taken, and
divers persons contend about him, he shall be at the command
of the Warden, delivered in even hands, or else in the
Warden's hands, at the will of the parties which they had
rather, and the Warden
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